Sieber, Charlotte (January 2017). Testing the Chapeau-Tests on Special and Differential Treatment. How WTO Case-Law Could Inform Flexibilities in General WTO Law (DRAFT Discussion Paper for the 5th PEPA SIEL Conference, Luxembourg, 14-15 April 2016) ResearchGate 10.13140/RG.2.1.2600.4087
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SDT_two-tier-analysis_PEPASIEL16.pdf - Published Version Available under License BORIS Standard License. Download (301kB) | Preview |
Most recent case-law and scholarly work suggests that the exception clauses in GATT Art. XX and GATS Art. XIV provide a meaningful regulatory instrument in balancing domestic trade policies. Arguably, results from the two-tier analysis could serve as a basis for a legal benchmark for the scope of Special and Differential Treatment (SDT) flexibilities. SDT could theoretically altogether be replaced with the general exceptions if they were to provide sufficient and meaningful flexibility for developing countries and Least-Developed Countries (LDCs). This paper assesses the suitability of the two-tier analysis for providing a meaningful legal benchmark for the scope of SDT flexibilities in a case-study on GATS Art. V flexibility, and discusses the implications of replacing SDT flexibility by the general exception clauses. It shows that the two-tier analysis indeed provides for an interesting legal instrument for introducing transparency and graduation in SDT flexibilities, but that the general exceptions do not appear suitable for replacing SDT flexibilities as long as their lists of legitimate policy objectives remains unchanged.
Item Type: |
Working Paper |
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Division/Institute: |
02 Faculty of Law > Department of Economic Law > World Trade Institute 10 Strategic Research Centers > World Trade Institute 02 Faculty of Law > Department of Economic Law > NCCR International Trade Regulation |
UniBE Contributor: |
Sieber, Charlotte |
Subjects: |
300 Social sciences, sociology & anthropology > 340 Law 300 Social sciences, sociology & anthropology > 380 Commerce, communications & transportation |
Publisher: |
ResearchGate |
Language: |
English |
Submitter: |
Pablo Rahul Das |
Date Deposited: |
05 May 2017 09:51 |
Last Modified: |
05 Dec 2022 15:04 |
Publisher DOI: |
10.13140/RG.2.1.2600.4087 |
BORIS DOI: |
10.7892/boris.98137 |
URI: |
https://boris.unibe.ch/id/eprint/98137 |
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